Senate votes to criminalize fake pot

Bill would make having synthetic weed a crime in New York state

Updated 9:23 am, Tuesday, May 1, 2012

ALBANY — Gov. Andrew Cuomo earlier this year banned retail sales of synthetic marijuana, but the Senate on Monday took the first step toward what could become criminalization of the substances, which had been sold in convenience stores and is still obtainable online and in the streets.

"I've heard from parents, educators, substance abuse counselors and ... attorneys urging the state Legislature to make the sale and possession of these drugs illegal," said Sen. Betty Little, R-Queensbury. "But the most compelling pleas have come from teenagers who have used or seen someone use these drugs."

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Police as well as educators say the fake pot is more dangerous than natural marijuana, sparking violent outbursts, hallucinations and rapid heart rates.

"This isn't a rite of passage," said Jim Dexter, superintendent at the Washington Saratoga Warren Hamilton Essex BOCES, which serves schools in the area.

Synthetic marijuana consists of herbs sprayed with "synthetic cannabinoids" that mimic the active ingredient in pot. They are sold under a variety of brand names such as Spice, K2, Cloud 9 and Black 9.

Their popularity appears to have caught on particularly quickly in rural and upstate areas. "It's accessible and it's inexpensive," said Little. She added that she's heard of youngsters in her Adirondack community breaking into convenience stores and, rather than going for the money in the cash register, heading for the synthetic pot.

Additionally, members of the Republican-controlled Senate voted to criminalize so-called "bath salts," which act like amphetamines. Cuomo last year banned the sale of those.

The move to criminalize these substances would levy criminal penalties mirroring those for possession of marijuana and amphetamines.

There would also be a 90-day amnesty period during which people could turn over the products to authorities.

Similar legislation is pending in the Assembly but it hasn't moved out of committee, noted Assemblyman Michael Cusick, D-Staten Island, who has worked on a synthetic pot bill.

Sen. John Flanagan, R-Long Island, who sponsored the measure, said he realized the definition of illegal substances is growing broader, but he added that's a sign of the times.

"All these things change. I didn't really expect in my lifetime that you would have to go to a special place to get cough syrup," he said, referring to the abuse and then the need to control that substance.